2013 Unpublished Opinion No. 622
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge.
Judgment denying petition for post-conviction relief,
Christopher Delfeido Gonzales, Boise, pro se appellant.
Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.
Christopher Delfeido Gonzales appeals from the district court's denial of his petition for post-conviction relief after an evidentiary hearing. Gonzales argues that the evidence shows that his defense counsel was deficient in failing to object to evidence entered at Gonzales's trial and in failing to call two potential alibi witnesses. We affirm.
In the underlying criminal case, Gonzales was charged with numerous crimes that took place over the course of a week in February 2008. A jury found Gonzales guilty of attempted strangulation, aggravated battery with a deadly weapon enhancement, second degree kidnapping, two counts of misdemeanor domestic battery, two counts of aggravated assault with a deadly weapon enhancement, and misdemeanor battery. Some of these offenses occurred on February 13, and as to those, the victim was Lisa M.
Gonzales later filed a post-conviction petition stating a number of claims of ineffective assistance of counsel. An attorney who was appointed to represent Gonzales filed an amended petition. The district court summarily dismissed all of Gonzales's post-conviction claims except three that were predicated on defense counsel's failure to object to a handwritten note that was entered into evidence at trial, failure to call Gonzales's alibi witnesses, and failure to inform Gonzales of his right to remain silent under Estrada v. State, 143 Idaho 558, 563, 149 P.3d 833, 838 (2006). The district court held an evidentiary hearing on those remaining claims. At the hearing, the court heard testimony from Gonzales, his potential alibi witnesses, and Gonzales's defense attorneys. After the hearing, the district court issued a written opinion finding against Gonzales, and the action was dismissed.
On appeal, Gonzales does not pursue his Estrada claim but maintains that the district court erred in dismissing his ineffective assistance claims ...